Judge rejects trespass claim by residents opposed $1B PennEast gas pipeline

PennEast says it'll continue conducting surveys for the proposed pipeline where there's landowner permission.

SOMERVILLE -- A judge has dismissed a lawsuit brought by a group of New Jersey residents claiming surveyors working on the proposed $1.2 billion PennEast natural gas pipeline had trespassed on private property.

Judge Margaret Goodzeit, sitting in Somerset County, also rejected a request by Homeowners Against Land Taking, or HALT, PennEast and the New Jersey Conservation Foundation to force the pipeline company to turn over results of past surveys.

The judge ruled that the group didn't assert any claim of injury because of the alleged trespassing. In addition, Goodzeit said that the group failed to prove "there is continuing and ongoing trespass, which would entitle them to an injunction against further trespass."

Goodzeit said the lawsuit stems from the group's efforts to block a permit for the pipeline, which "this court has no power to address."

PennEast has denied trespassing while conducting surveys for the pipeline, which would traverse Mercer and Hunterdon counties.

"We respect the rights of every landowner, and have worked tirelessly to engage in a respectful dialogue that has, in many instances, resulted in modifications to the route and reduced landowner impacts," said Pat Kornick, spokesperson for PennEast.

Kornick said PennEast will continue to conduct surveys where there is landowner permission.

"Unfortunately, some outside interests are willing to say or do anything to mislead the public," Kornick said. " We're pleased the Court agreed with PennEast and dismissed the claims. It's unfortunate that HALT has wasted the Court's time and taxpayer resources with this filing."

Residents denied survey injunction

On May 10, the judge refused to issue a temporary injunction banning PennEast from conducting surveys. At that time, the judge said she found no evidence that PennEast conducted illegally surveys on homeowners' property.

Washington, D.C.-based attorney Steven Richardson of Wiley Rein, who represented HALT, said he'll continue the fight.

"We're disappointed, but litigation takes a lot of patience and perseverance," said Richardson. "We're pleased the court did find that several allegations of trespass could be tried by the court after addition pleading.

"We'll study the court's decision carefully to evaluate whether to appeal part or all of her order. This isn't the end. It is at most the end of the beginning."

Attorney Kevin H. Marino of Marino, Tortorella and Boyle, which represents PennEast, called the decision a "resounding victory for PennEast."

The proposed 118-mile pipeline is under review by the Federal Energy Regulatory Commission, which has final say over whether it can be built.

PennEast workers threatened

About 70 percent of property owners in the proposal's route in New Jersey have refused to let the company survey their land. Every municipality in Hunterdon and Mercer counties has passed resolutions opposing the pipeline and both counties have banned the company from public land.

PennEast needs to survey lands along its proposed path to refine the final route and to submit plans to the federal agency weighing its approval.